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October 26, 2020 MOBILE COUNTY COMMISSION the Mobile

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October 26, 2020 MOBILE COUNTY COMMISSION the Mobile October 26, 2020 MOBILE COUNTY COMMISSION The Mobile County Commission met in regular session in the Government Plaza Auditorium, in the City of Mobile, Alabama, on Monday, October 26, 2020 at 10:00 A. M. The following members of the Commission were present: Jerry L. Carl, President, Merceria Ludgood and Connie Hudson, Members. Also present were Dana Foster-Allen, Finance Director/Clerk of the Commission, Jay Ross, County Attorney, and W. Bryan Kegley II, County Engineer. President Carl chaired the meeting. __________________________________________________ INVOCATION The invocation was given by President Jerry L. Carl, District 3. __________________________________________________ Dena Pollard, Public Affairs Manager: Good morning, Commissioners. The first speaker is City of Mobile Council Member Bess Rich, District 6 to discuss the Nevius Road Extension. President Jerry L. Carl: Good morning, Council Member Bess Rich. How are you? Bess Rich, City of Mobile Council Member District 6: Good morning. I am terrific. Thank you so much. Thank you for this ability to address you about your agenda item dealing with Nevius Road Extension. On the City of Mobile’s City Council’s agenda for tomorrow is also the agreement. After much research and thought, I have concluded this is a very flawed process at this time. If you look at the agreement you have in front of you, and for those not familiar with Nevius Road, it is considered a major street by our pavement assessment. It is a street that gets a lot of use. When the City of Mobile annexed the area in 2008, they took on Nevius Road off of Hillcrest Road. It was constructed to County standards, which meant it did not have curb and gutter, it has open drainage, and is substantially different than the roads we normally build in the City of Mobile. We have regulations and rules. I have a question about number four (#4) on page two (2) of your agreement. President Carl: Can you tell us what agenda item this is? W. Bryan Kegley II, County Engineer: Item number seventeen (#17). October 26, 2020 Bess Rich: On page two (2) of the agreement, if you’ll refer to where it says the County shall comply with all applicable laws, rules, and regulations. My question is does the County, who will be letting go this contract, prepare to do what is normally done in a City of Mobile street construction, which would be curb, gutter, drainage not in an open ditch format, lighting of the street, and rights-of-way for sidewalks? Those are standard for part of a road construction. W. Bryan Kegley II: Would you like for me to address this? President Carl: I would love for you to. That is why I am giving you the hard stare. W. Bryan Kegley II: The segment of Nevius Road Extension we are proposing to construct is indeed inside of the City of Mobile city limits. The segment located just to the east of Hillcrest Road has portions that are in the County and are maintained by the County. It is an open ditch section. We are proposing to construct the segment from Hillcrest Road westward over to Sollie Road in substantial conformance with what is located east of Hillcrest Road. It will comply with all of the Alabama Department of Transportation (ALDOT) specifications. That is what the Pay-As-You-Go Program mandates. We have submitted our plans with sixty percent (60%) to the City of Mobile Engineering Department. We have received their red line comments and we are in the process of incorporating those red line comments into our ninety percent (90%) design plans. We did not and do not anticipate building a curb or gutter section. If the City of Mobile requires that, we thought they would have let us know that several years ago. We do not have the funding set up for that. If the paragraph Council Member Bess Rich, District 6 is referring to mandates it be a curb and gutter section, then I recommend we just remove that section or revise it because we do not have the funding for it. President Carl: Council Member Bess Rich, District 6, are you prepared to pick up the additional cost if we go with the curb, gutter, and lighting? Bess Rich: I would submit that I am lobbying the Administration Department to not do a substandard road and to not bless what is basically not allowed by anyone who would construct a street system in the City of Mobile. However, I do think there is also another pathway forward. It is why I would love for this to slow down. I would like to work with the owners because the County and the City of Mobile have allocated funds, we normally do not do this for private property. Normally when someone comes into the City of Mobile to construct a street, it’s tied to subdivision of the property. This one is not. I think October 26, 2020 that is giving the City of Mobile and County the excuse to do it to a substandard condition. It is something the citizens of Mobile deserve better because you have open ditches and you have no lighting on a street in what is considered a major road in our city. It is not a minor street. It is already labelled and I imagine the extension will keep the same label being a major road. We know the traffic will build on the street once it is constructed. My office already gets calls about Nevius Road that’s in the city limits because we are used to street lights and adequate sides of the road that do not include open ditch drainages. As a matter of fact, Council Members work really hard to close up open ditches because they breed mosquitoes and they are not as safe in a roadway system. It is why we have these rules and regulations. Normally if you come to the City of Mobile, this would not pass our Engineering Department at all for construction because it’s missing the components of an adequate road improvement program. By getting the County to let go of this, I think that’s a way to get it accomplished but not in a manner that is normal for the City of Mobile. When we have Pay-As-You-Go projects, it’s my understanding for the most part that the County hands over the funding to the City of Mobile. When the program is in the city limits, the road is constructed to city standards. This is completely reversed and it is creating an opening of private property which will have value and will also be good for the City of Mobile to continue a major road. I get all of this. My office has not been involved with any of the plans or any of the information on this program. I understand another reason to slow this down is the property is actually not in the public’s trust yet. That would be another reason to slow this down and not proceed with the agreement as it is written. I believe there needs to be another party at the table in order to accomplish this goal and make sure that the road constructed does not have to be maintained later along with funding to make it safer and keep consistent with the rest of the City of Mobile’s road segments. We only have the Nevius Road now in the city limits because we annexed it in. It was already constructed. It would never have been constructed if it had been in the city under those conditions with the open ditches, no curbs, no gutters, and no street lights. These are things that make a road safer and it is why we require these of developers and for the private sector when they are opening up their property for development. Commissioner Connie Hudson: President Carl, I have some questions and I will direct these to W. Bryan Kegley II, County Engineer first. This does seem to be very unusual. I did not notice when I first received the agreement that the County is overseeing the work and that it is built to County standards. I completely understand what Council Member Bess Rich, District 6 is saying. Having represented a City Council district, I know how October 26, 2020 important it is that our roads meet all city standards with curb, gutter, lighting requirements, and so forth. It certainly hits a cord with me. I don’t understand the unusual nature of this. Why is the County overseeing this project as opposed to providing the funds to the City of Mobile as we do with other roads like Zeigler Boulevard and other roads that are a part of our Pay-As-You-Go Program? The other question I have is why would the City of Mobile not require this project to meet their own standards if they require developers and everybody else who brings plans to the City of Mobile for road improvements? They have certain standards they have to meet, why is this an exception? The last thing on my mind is the concern of if the County builds this road and it is not to city standards, how and what guarantee would we have that the City of Mobile would even accept maintenance on this road? Do we know for a fact at this point? W. Bryan Kegley II: Commissioner, other than verbal assurances from the City of Mobile, we do not have an assurance that they will accept maintenance other than the fact it is within their jurisdiction of city limits.
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